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AMERICAN STOCK EXCHANGE, LLC v. MOPEX, INC.

No. 00 Civ. 5943(SAS).

250 F.Supp.2d 323 (2003)

AMERICAN STOCK EXCHANGE, LLC, Plaintiff, v. MOPEX, INC., Defendant.

United States District Court, S.D. New York.

February 4, 2003.

Attorney(s) appearing for the Case

Stuart I. Friedman, Andrew A. Wittenstein, Paul S. Grossman, Friedman, Wittenstein & Hochman, A Professional Corporation, New York City, William K. West, Howrey Simon Arnold & White, Washington, DC, John J. Flood, National Association of Securities Dealers, Inc., Washington, DC, for Plaintiff.

Bradford P. Lyerla, Stephen R. Auten, Wallenstein & Wagner, Ltd., Chicago, IL, James R. Figliulo, Jeff D. Harris, James H. Bowhay, Michael K. Desmond, Figliulo & Silveran, P.C., Chicago, IL, Adam Landa, Greenburg Traurig, LLP, New York City, for Defendant.

OPINION AND ORDER

SCHEINDLIN, District Judge.

Mopex, Inc. owns two business-method patents for a type of security called "Exchange Traded Funds" ("ETFs").1 The AMEX filed this action on August 10, 2000, seeking a declaration that Mopex's patents are invalid and not infringed by the AMEX's activities with respect to certain of its own ETFs.

On September 14, 2000...

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